[2025] KEHC 7026 (KLR)
The court found that the parties had failed to take any step to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to want of prosecution and inactivity, thereby bringing the proceedings to an...
Source-derived case information.
- Citation
- [2025] KEHC 7026 (KLR)
- Parties
- Applicant: Juliana Chepkowch Chepkwony; Applicant: Joseah Kipyegon Ngerechi
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 68 of 2017
- Procedural Posture
- Succession Cause / Ruling on Inactivity/closure
- Outcome
- Cause closed for want of prosecution.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Succession, Letters of Administration, Estate Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliana Chepkowch Chepkwony
Applicant
Joseah Kipyegon Ngerechi
Applicant
Procedural Posture
Succession Cause / Ruling on Inactivity/closure
Legal Issues
- 1 Whether the succession cause should be closed due to inactivity by the parties.
Ratio Decidendi
The court found that the parties had failed to take any step to prosecute or conclude the succession cause for over one year. Pursuant to section 76(d) of the Law of Succession Act, the court exercised its discretion to close the cause due to want of prosecution and inactivity, thereby bringing the proceedings to an end.
Court Disposition
Cause closed for want of prosecution.
Orders
- This succession cause is closed pursuant to section 76(d) of the Law of Succession Act.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Kipngerechi Kiprotich Chepkwony alias Kiprotich arap Chepkwony (Deceased) (Succession Cause 68 of 2017) [2025] KEHC 7026 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7026 (KLR)
Republic of Kenya
In the High Court at Bomet
Succession Cause 68 of 2017
JK Ng'arng'ar, J
May 29, 2025
IN THE MATTER OF THE ESTATE OF KIPNGERECHI KIPROTICH CHEPKWONY alias KIPROTICH ARAP CHEPKWONY (DECEASED) AND IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION OF THE DECEASED ESTATE
In the matter of
Juliana Chepkowch Chepkwony
1st Petitioner
Joseah Kipyegon Ngerechi
2nd Petitioner
Ruling
1. Upon perusal of this succession cause, it is noted that the parties for over one year have not taken any step to prosecute or conclude the matter.
2. Pursuant to section 76 (d) of the Law of Succession, Act, this cause is closed.
DATED THIS 29THDAY OF MAY, 2025……………………………………………HON. JULIUS K. NG’ARNG’ARJUDGE OF THE HIGH COURT